In what appears to be a rare admission of guilt, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, expressed concerns over the growing negative perception of the judiciary, restating needs for all stakeholders to work towards changing the narrative. This, indeed, is a welcome development as it tends to set the path towards the reform of the judiciary.
The CJN made the remark on Monday as the special guest of honour at the 2024 Justices Annual Conference themed ‘Judicial Introspection’, organised by the President of the Court of Appeal, Justice Monica Dongban-Mensem.
Kekere-Ekun said: “Collective dedication to justice is a cornerstone of our legal system. This season for us should be for reflection and renewal as institutions and individuals alike to evaluate past actions, learn from experiences, and plan for future endeavours.
“We cannot overemphasise this point. We are an appellate court for a reason, and the reason is that several heads are better than one. So, holding conferences and exchanging opinions and ideas on matters that come before us is extremely essential.
“There is a growing negative perception of the judiciary. We must all individually and collectively work towards changing this negative perception. And I must say that the last meeting of the NJC, we did state, when the press relief was made, that while the court will look at the counsel, will look into genuine complaints, we also stand to support our judges and justices where frivolous complaints are made.”
It is instructive that the integrity, independence and incorruptibility of the nation’s judiciary have come under scathing criticism. This flows from the conflicting judgements of courts of coordinate jurisdictions, issuance of reckless ex parte orders, corruption, among other misconduct by judicial officers.
It was, therefore, expected that the appointment of Justice Kekere-Ekun by President Bola Ahmed Tinubu in August would change the narrative. But as observed by Justice Dongban-Mensem the ever-evolving nature of the judiciary landscape demanded regular engagement in self-reflection, evaluation, and strategic planning.
Dongban-Mensen also acknowledged that despite their expertise and experience, justices are not immune to the limitations inherent in human decision-making, including errors, biases, and prejudices.
“To address the limitations and ensure the delivery of justices and judicial introspection can offer a mechanism for self-reflection, in-depth analysis, and ongoing improvement”, she stated.
Corroborating Dongban-Mensen’s assertion, the former Minister of Justice and Attorney General of the Federation, Mr Kanu Agabi, noted with dismay that those who do not know the Nigerian judiciary enough continued to misunderstand and malign it. Agabi said judges were serving the nation at a difficult time, adding that their courage and sacrifice were proof of their patriotism.
“Rather than help to mitigate the pressure on the judiciary, some of us, including those on the social media, have continued to attack our already scandalised and distressed judges,” he said.
In apparent contrast to the views of Dongban-Mensen and Agabi the AGF and Minister of Justice, Prince Lateef Fagbemi, stated that the Nigerian judiciary has a long and proud history of dispensing justice without fear or favour. He said the court had to a great extent demonstrated its unwavering commitment to upholding the principles of justice, equity, and fairness.
“Your judgments have set precedents, shaped legal discourse, shaped the course of several aspects of our national life, and your commitment to upholding the constitution and established principles of law and natural justice has provided a beacon of hope for countless individuals and entities seeking justice,” he said.
Fagbemi charged the organisers to use the conference as a barometer to gauge the accomplishments of the appellate court and provide a compass to guide optimal performance in the future.
He said: “In this regard, there is no doubt that our learned justices stand to benefit greatly from this exercise as well as the expertise and experience of the invited resource persons.”
On his part, the President, Nigerian Bar Association (NBA), Mazi Afam Osigwe, cautioned against undermining the independence of the judiciary by the executive arm of government using security agents to invade their homes and intimidate them. This, he said, adversely affects their mental and physical disposition, which is instrumental to the attainment of justice in any society.
“Government officials, lawyers, litigants and members of the public talk down on and brazenly denigrate the judiciary and ridiculously dump all the ills and failures of society on the judiciary. Perception of the judiciary as a weak and malleable organ of government and attendant loss of confidence in our justice system is consequent upon the denigration, intimidation, and seeming lack of independence of the judiciary,” Osigwe said.
Speaking on behalf of the Body of Benchers, Chief Adegboyega Awomolo said the Nigerian judiciary has some of the finest characters and legal brains on whom no price tag can be attached.
“Our judges and justices are the greatest assets of our nation. We must continue to accord them the highest honour, respect and dignity. The image of the judiciary is too important to a democratic society to allow it to be tarnished in any way by any act of impropriety by any members of the Bar or Bencher,” Awomolo added.
Blueprint observes that the judiciary, Nigeria’s third but pivotal arm of government, after the executive and legislative arms, has come under the radar lately. The latest vitriol on the judiciary may have broken the camel’s back, coming from a principal actor in the nation’s administration of justice, the Inspector-General of Police, Kayode Egbetokun.
Speaking in Lagos at the 2024 Annual Lecture/Award ceremony last week, Egbetekun said the criminal justice system in Nigeria was weak and sick, urging Nigerians to revive the system. He said people should stop blaming the police, pointing out that the police were not the only pillar or stakeholder in the criminal justice system in the country.
Nevertheless, the CJN’s introspection deserves commendation, albeit with a proviso that she must walk her talk by going beyond mere lamentations and rhetoric. Unfortunately, Kekere-Ekun, who has spent almost five months on the saddle as the CJN, is yet to make any radical reform in the judiciary.
Consequently, we urge the CJN to up the ante, considering the critical role of the judiciary not only in upholding the rule of law and good governance but also in the evolution and sustenance of democracy.
